Practice Assignment #1

The state of Vanatu is a former colony of the Aztec empire, having secured its independence in 1990. The population of Vanatu consists of an equal mix of colonial settlers and indigenous natives.

Following independence the Wildlife Ministry of Vanatu has noticed that the numbers of red foxes in the forests of Vanatu have declined. One possible explanation could be the ancient belief of the indigenous natives that coats made of red fox fur cure pneumonia - a common ailment amongst that community during winters owing to the extreme cold temperatures and frequent rain.

The belief also requires that the skinning of the foxes unfortunate enough to be trapped must be undertaken in a particularly painful manner and conditions under which this act is undertaken are usually unhygienic and septic. The numbers of the red fox have reduced substantially and it is an endangered species.

This is also a source of worry for the colonial settlers who adhere to a religious cult that deifies the fox as a sacred animal. It is also a fact that the presence of the red fox in forests reduces the spread of rats which are responsible for destruction of millions of dollars of foodgrain every year.

The World Wildlife Fund has been encouraging the current government of Vanatu to enact a law that makes possession of a red fox without a wildlife permit a crime. A steep monetary fine is proposed as penalty in such cases.

(a) Please describe some of the sources of law / factors that may be relevant in considering whether this proposed law should be enacted?

(b) Is the proposed law consistent with morality? If not how is that inconsistency to be resolved?

(c) Is the proposed law a positive law?

(d) How would the proposed law be an ‘objectively fair' law?

(e) How can the desired result of this law be achieved if Vanatu were (i) a common law country; and

(ii) a civil law country?